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(영문) 의정부지방법원고양지원 2017.06.28 2016가합74678
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 22, 2006, with respect to G forest 25,686 square meters, G forest 25,686 square meters owned by C, D, E, and F, a sales contract was formulated on June 22, 2006 by a seller, “C and 3”, “H and 1”, and KRW 4.89,51 million in sales amount.

(hereinafter “Prior Sales Contract”). The Plaintiff is a partner of H as the buyer.

B. On February 26, 2007, G forest land G 25,686 square meters was divided into 6,422 square meters of G forest land (hereinafter “instant forest”), 6,422 square meters of I forest land, J forest land 6,421 square meters, and 6,421 square meters of K forest and 6,421 square meters of land.

C. On November 27, 2007, the sales contract was concluded with respect to the forest of this case (hereinafter “instant sales contract”). Under the sales contract, the seller is C (A) L, the buyer is the defendant, and the buyer is the contract with respect to the terms and conditions of the permission of the gas station. The contract is a contract with respect to the permission of the gas station, and the “part of 500 million won out of the remaining amount is paid at the time of the determination of the road line and the remaining KRW 700 million is paid at the time of the permission of the gas station.”

On December 11, 2007, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring forest of this case”) with respect to the forest of this case, 1.5 billion won with respect to the maximum debt amount, and the debtor H.

E. On August 3, 2010, the Defendant sent a written notification to L, by content-certified mail, to the effect that “L was inevitably cancelled this contract due to a cause attributable to L due to the failure to comply with the permission of gas stations and transfer of ownership, etc., even though L was set up two years and nine months for the sales contract for the instant forest that L was concluded with L on behalf of H, but L did not comply with the permission of gas stations and transfer of ownership, etc. to be performed by L, and that “the instant contract was inevitably cancelled due to a cause attributable to L’s failure to solve many persons with the right of provisional disposition,” and that “the Defendant returned the down payment and the intermediate payment received by L to himself (the Defendant) and paid the penalty for breach of contract.”

F. On August 24, 2010, the instant forest was divided into G forest land 4,98 square meters and M forest land 1,424 square meters in Pakistan-si.

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